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HomeMy WebLinkAboutSCOTT FAZEKAS AND ASSOCIATES INC.City of Santa Ana Clerk of the Council AGREEMENT TERMINATION ?M3 AUG -7 41 9; � Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). CITY , Q� Call 647-6520 if you have any questions. L V or= NT-------------------- The agreement with 113 No. A-2008-,;-)qL (1) "It was completed on �/13 /?. / � and final payment has been made. P * h-2008-215-001 CIA) ,m 1Mm Department: )964 Phone/Ext.: �2 -7® Signature: Date: �® INSURANCE ON PILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES (p-S-OI CLERK OF COUNCIL DATE: �a- I, I CONSULTANT AGREEMENT A-2008-295 o r BA (-)) l o i z-, -(aµ THIS AGREEMENT made and entered into this 17`h day of November, 2008 by and between SCOTT FAZEKAS & ASSOCIATES, INC., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, seventy percent (70%) of the applicable plan check fee charged by City. The total sum to be expended for Plan Check services by all Consultants during the term of this Agreement shall not exceed the $120,000.00 aggregate amount approved by City Council on November 17, 2008. b. Payment by City shall be made within thirty- (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Consultant may charge fifty percent (50%) of the total fee upon submission of the initial plan check report and the balance upon completion of Plan Check for the project. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate when allocated funds have been expended, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other parry is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building Agency and Building Safety Division City of Santa Ana 20 Civic Center Plaza (M-19) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5897 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Scott Fazekas & Associates, Inc. 9 Corporate Park, Suite 200 Irvine, California 92606 telefacsimile (949) 475-2560 A parry may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each parry to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parry, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney La u Lau Sheedy Assistant City Attorney CITY OF SANTA ANA FID " DAV 41 City Manager SCOTT FAZEKAS & ASSOCIATES, INC. 5 OTT FAZEI President Tax ID# 3 3 —0711 /e, 6 EXHIBIT A SCOPE OF SERVICES General Description Building Safety Division of the City of Santa Ana foresees submittal of several large projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of plan checking. Scope of Services Consultant shall perform the following services for each assigned building plan review. 1. Detail review the mechanical, plumbing, electrical and building (architectural/structural) plans. Review supporting documents for industrial, commercial, residential and public buildings and determine compliance with applicable building standards as related to existing and proposed buildings. 2. Review the plans for compliance with California state -mandated regulations for energy conservation, disabled access and City Adopted Ordinances. 3. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as zone AO or AE. 4. Recheck and approval of final plans and supporting documents to be provided without additional charge for recheck. 5. Submittal of approved plans and all supporting documents to the City of Santa Ana. 6. Provide all necessary liaison with applicants via fax, phone, e-mail or in person to expedite the review process and consult on complex code issues with City of Santa Ana Building Official. 7. Plan review report to be customized for each project and be delivered via fax, mail or e- mail to City and the applicant. 8. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Engineer. 9. Plan reviewer to be consistent, accurate, available and responsive to the City and the applicant via phone, fax, e-mail and meetings. Also, the plan reviewer shall be available to the Building Official and his staff to help answer Code questions arising from review. Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the City office with owners, architects, engineers and contractors to discuss the Plan Check issues. 11. Plan reviewer to verify that the job description, square footages, occupancy classifications and type of construction, on the permit application agrees with the plans and specifications. Plan reviewer will also verify the building valuation based upon valuation costs used by the City of Santa Ana. 12. Initial Plan review to be complete within fifteen (15) working days and recheck within five (5) working days. 13. Deferred submittals, trusses, stairs, curtain walls, etc. to be plan checked on an hourly rate of $85.00/hour. 14. Consultant fee for review services to be 70% of the City of Santa Ana Plan Check Fee. CORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MM1OOrrTYY) Insurance Office of America, Inc. DBA IDA Insurance Services 1775 Hancock Street, Ste. 180 San Diego, CA 92110 Scott Fazekas & Associates 17777 Del Paso Drive Poway, CA 92064 AND CONFERS NO A MAT UPON iS NOT INSURERS AFFORDING COVERAGE INSURERA ravdmityf1 INSURTravelers P&K Co, oNSURERC One Beacon America Ii INSURER D Zurich North America INSURER E. NAIC # C GEINDICATED. NOTWITHSTANDING ANY REL11(QUIREMENT, TERM OR CONDDITI EL OF ANY CONTRACT OR OTHEOW HAVE BEEN ISSUE R DOCUMENT WITH RESPECTD TO THE INSURED NAMED ABOVE OTO WHICHLTHIS CERTIIFICA E MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EFFECTIVE POLICY EXPIRATION LIMITS ISR DD' TYPE OF POLICY NUMBER POLICY 06/OS/2008 06/OS/2009 EACHOCCURRENCE 3 1 GENERAL LIABILITY 68022S21_18A DAMAGE TO RENTED 3 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE rx� OCCUR MEO E%P (Myona perwA) S PERSONAL b AUV INJURY S I A GENERAL AGGREGATE E 2 PRODUCTS-COMPlOP AGG S 2 GEN1 AGGREGATE LIMB APPLIES PER'. POLICY X jECOT LOC AUTOMOBILELIABIUTY 6802252 L18A 06/OS/2008 06/OS/2009 COMBINED BINGLE LIMIT (Ea acekard) S ANY AUTO ALL OWNED AUTOS BODILY INJURY (Par "ram) 3 SCHEDULED AUTOS A X HIREOAUTOS BODILY INJURY (Per amidamVl $ X NON -OWNED AUTOS PROPERTY DAMAGE (Per acciaen ) 3 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHEEAACC HAN AUTO ON AUTO ONLY. AGG S S EXCESSIUMBRELLA LIABILITY X OCCUR CLAIMS MADE CUP6S27Y301 06/05/2008 06/OS/2009 EACH OCCURRENCE $ AGGREGATE S $ B s DEDUCTIBLE S RETENTION S WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ¢D6017268 06/OS/2008 06/OS/2009 X Vic STATU• OTH- E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE ANY PROPRIETORIPARINEWEXECUTNE OFF ICERm1EMBER EXCLUDED' I S EL DISEASE • POUCV LIMY S Liability D klaims Made 1 I L, V VV, v.... ..--.. ... $1,000,000 aggregate $10,000 deductible ty of Santa Ana, its officers, employees, volunteers, representatives and agents are named certificate holders and additional insured per the attached endorsment. 0 day notice of cancellation applies for non payment of premium. . � BA NQE , I9W City of Santa Ana Tonia Zerba 20 Civic Center Plaza (MZO) P.O. Box 1989 tt" Santa Ana, CA 92702 y YJWM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAUL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES- 1 CACORD CORPORATION 1888 ACORD 26 (2001108) A DM,,, CERTIFICATE OF LIABILITYIINSUcRAINCEDAS Insurance Office of America, Inc. DBA IDA Insurance Services 1775 Hancock Street, Ste. 190 San Diego, CA 9211.0 INSURERS AFFORDING COVERAGE INSURERA: Travelers Indemnity Co of Ct Iu3,RERet Travelers P&C Co. of America BJsuRERc. One Beacon America ins. �D. Scott Fazekas &Associates INSURERD. Zurich North America 17777 Del Paso Drive INS Poway, Poway, CA 92064 E THE POLICIES 01 INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE'ERTIFICATE MAY RIOD INDICATE . EWHICH I ANY ryITEWSSUBJECT TO ALL THE TERMS, EXCLUSIONS AND CO Y POLICIES DESCRIBED HERE MAY PERTAIN THE INSURANCE AFFORDED BE TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. C, EXPIRATION IMI1 NAIC # NOTWITHSTANDING BE ISSUED OR NDITIONS OF SUCH POLICIES. AGGREGATE LIMI pOLICV EFFECTIVE POLI ER DD' TYPE OF INSURANCE POLICY NUMBEREACHOCCURRENtC GENERAL LIABILITY 6802252L18A 06/OS/2008 06/OS/2009 DAMAGE TO RENTED 3 A X COMMERCIAL GENERAL LIABILITY MED EXP (MY ona Partin) $ LAW S MADE ❑X OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMPPOP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY X JECOT LOC 6802252LISA 06/05/2008 06/OS/2009 COMBINED SINGLE LIMIT 3 AUTOMOBILE LIABILITY (Ea accidarX) ANY AUTO BODILY INJURY $ ALL ONMED AUTOS (Per parson) SCHEDULED AUTOS BODILY INJURY $ A X HIREDAUTOS (Par amodem) X NOWO MED AUTOS PROPERTY DAMAGE $ [Par accident) NLY-EA CIDENT AUTO OAC 3 GARAGE LIABILITY EAACC OTHER THAN 3 AUTO ONLY AGG 3 ANY AUTO 06/OS/2008 06/05/2009 EACH OCCURRENCE S E%CESSIUMBRELLA LIABILITYCUP6527Y301 AGGREGATE X OCCUR CLAIMS MADE 3 3 B I DEDUCTIB'.E $ TWORKERS COMPENSATION AND PLOYERS'LIABILITY FFICERMEMSERpEXC U EO1 ECUTIVE Liability D �laims Made E.L 2 $1,000,000 aggregate tin nnn deductible All VPe:rnu...,— ... _.._ ty of Santa Ana, its officers, employees, volunteers, representatives and agents are named certificate holders and additional insured per the attached endorsment. 0 day notice of cancellation applies for non payment of premium. ELLEO BEFORE THE C n �. City of Santa Ana , Tonia Zerba - 20 Civic Center Plaza (M20) �. P.O. Box 1988 t ", Santa Ana, CA 92702 `I`Y SHOULD ANY OF TXE PROVE DESCRIBED POLICIES BE EXPIRATION DATE THEREOF, THE ISSUING INSURER PALLLL ENDEAVOR TD MAIL 'A30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUY FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS ORR PRE=' AUTHORWED REPRESENTATIVE Im11mr Kell Howell CABRAS pACORD CORPORATION 1988 ACORD 26 (2001108) A s.._ -i , e'),e— ACORR, CERTIFICATE OF LIABILITY INSURANCE A14n I!is 444DATE 05/29/2009) PRODUCER (619) 574-6220 FAX (619) 574-6288 Insurance Office of America, Inc. DBA IOA Insurance Services 1775 Hancock Street, Ste. 180 San Diego, CA 92110 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Scott Fazekas & Associates, Inc. 9 Corporate Park Drive Irvine, CA 92606 INSURERA: Travelers P&C Co. of America 25674 INSURERB: One Beacon America Ins. Co. INSURERc: Beazley Ins Co 37540 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LMINSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 68022521_18A 06/05/2009 06/05/2010 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [ X] OCCUR DAMAGE TO RENTED PR PnrA) $ 300,000 MED EXP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT El PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO 68022521_18A 06/05/2009 06/05/2010 COMBINED SINGLE LIMIT (Ea accident) $ Included BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X No Co. Owned Autos X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE CUP6527Y301 06/05/2009 06/05/2010 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A $ RDEDUCTIBLE $ X RETENTION $ 0 $ WORKERS COMPENSATION AND 406017268 06/05/2009 06/05/2010 X WC STATU- OTH- B EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS be!ov., E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DICEASE -POLICY LIMIT $ 1,000,000 C P rofessional Liability laims Made V15THZ09PNPA 06/05/2009 06/05/2010 $1,000,000 each claim $1,000,000 aggregate $20,000 deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS te: All Operations of the Named Insured A ty of Santa Ana, its officers, employees, volunteers, representatives and agents are :ertificate holders and additional insured per the attached endorsment. 10 day notice of cancellation applies for non payment of premium. City of Santa Ana Tonia Zerba 20 Civic Center Plaza (M202WVED AS P.O. Box 1988 / Santa Ana, CA 92702 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL YQ30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, n S QAALURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE K1Tiv Frowell/HOWELK Assistant Ci`y ...tiurney ©ACORD CORPORATION 1988 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with 'your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of 'your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily APPROVED AS TO FORK CG D3 81 09 07 © 2007 The Travelers Companies, Inc. % , Page 1 of 2 Includes the copyrighted material of Insurance Services Office, In -NJA Ir i .K IIFMAN Chie? Assr;taiit C ly ,`attorney COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. APPROVED AS TO F0PJJ -NJA I KA' MAN Chief Assistant Cary ;lttorney Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. DATE ACOBDM CERTIFICATE OF LIABILITY INSURANCE 05/29/2009) PRODUCER (619) 574-6220 FAX (619) 574-6288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DBA IOA Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1775 Hancock Street, Ste. 180 San Diego, CA 92110 INSURERS AFFORDING COVERAGE NAIC # INSURED Scott Fazekas & Associates, Inc. INSURERA: Travelers P&C Co. of America 25674 9 Corporate Park Drive INSURERB. One Beacon America Ins. Co. Irvine, CA 92606 INSURERc: Beazley Ins Co 37540 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR ADDT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDfYYI 06/05/2010 LIMITS GENERAL LIABILITY 680225ZL18A 06/05/2009 EACH OCCURRENCE $ 1,000,000 X1 COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX OCCUR DAMAGE TO RENTED IR $ 300,000 MED EXP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT El PRODUCTS - COMP/OP AGG $ 2 , 000 : 00 AUTOMOBILE LIABILITY ANY AUTO 68022 52 L18A 06/05/2009 06/05/2010 COMBINED SINGLE LIMIT (Ea accident) $ Included BODILY INJURY (Per person) $ A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X No Co. Owned Autos X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO HAUTO OTHER THAN EA ACC ONLY: AGG $ $ EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE CUP6527Y301 06/05/2009 06/05/2010 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A $ $ DEDUCTIBLE X RETENTION $ 0 $ WORKERS COMPENSATION AND 406017268 06/05/2009 06/05/2010 X WC STATU- OTH- TORY LIMITS FR- B EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS be!ovr i E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. D13EASI: - POLICY LIMIT $ 1,000,000 C i�essional Liability r1aimsMade V15THZ09PNPA 06/05/2009 06/05/2010 $1,000,000 each claim $1,000,000 aggregate $20,000 deductible DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS e: All Operations of the Named Insured Aty of Santa Ana, its officers, employees, volunteers, representatives and agents are :ertificate holders and additional insured per the attached endorsment. '10 day notice of cancellation applies for non payment of premium. City of Santa Ana Tonia Zerba 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (M20PWVED AS 1 64? SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, FQJ?XURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE —I— Ka ly HOwell/HOWELK ACORD 25 (2001/08) C iei Assi-,tailt Ci'/ ,'3lorney ©ACORD CORPORATION 1988 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with 'your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of 'your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily AP PIROV19D As TO FORK CG D3 81 09 07 © 2007 The Travelers Companies, Inc. ] Page 1 of 2 Includes the copyrighted material of Insurance Services Office, In _Nk 1?1 PM �K AN Chief Assistant Cs7y `attorney COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. APPROVED AS TO FOPA lez� _NJA W i 7J rtA' rMAN Chief' Assistant Cry ,' ttorney Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission.